US banks weigh lawsuit against OCC over crypto trust charter policies

Following the OCC's December 2025 conditional approvals for national trust bank charters to crypto firms like Ripple and Circle—which drew sharp criticism—some of the largest US banks are now weighing legal action against the regulator for further easing rules on crypto and fintech charters. The Bank Policy Institute argues the changes could endanger consumers and the financial system amid the Trump administration's push to integrate cryptocurrencies into mainstream finance.

The Bank Policy Institute (BPI), representing 40 major US lenders including JP Morgan, Goldman Sachs, and Citigroup, is considering suing the Office of the Comptroller of the Currency (OCC). This follows the OCC's reinterpretation of federal licensing rules, simplifying access to national bank trust charters—which allow operations across all 50 states—for crypto, payment, and fintech firms.

OCC head Jonathan Gould, a Trump appointee and former crypto executive, has proceeded despite warnings from banking groups and state regulators. Banks argue that these charters to non-traditional firms bypass rigorous supervision for full banks, blurring lines and raising systemic risks.

In October 2025, ahead of the December approvals, the BPI had urged the OCC to reject applications from crypto firms Circle and Ripple, as well as payments company Wise, warning that a lighter regulatory touch for bank-like products could undermine the national banking charter. The BPI board features executives like JP Morgan's Jamie Dimon, Bank of America's Brian Moynihan, and Goldman Sachs' David Solomon.

This potential suit echoes the BPI's successful 2024 Federal Reserve challenge over stress tests. No final decision has been made, and BPI declined comment.

Opposition includes the Conference of State Bank Supervisors (all 50 states), which warned that approving crypto firms outside core banking laws harms competition, protection, and stability. The Independent Community Bankers of America (ICBA), for 5,000 smaller lenders, called it a 'significant loophole' for consumers and sector stability.

The moves align with Trump administration crypto mainstreaming, including family-linked World Liberty Financial's January charter application, under congressional scrutiny.

The OCC did not comment.

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Illustration depicting Zerohash executives submitting OCC national trust bank charter application amid crypto firm surge, with Chicago skyline and digital asset symbols.
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Zerohash applies for OCC national trust bank charter amid surge in crypto applications

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Chicago-based crypto infrastructure provider Zerohash filed for a national trust bank charter from the Office of the Comptroller of the Currency on March 4, 2026, becoming the eleventh company to do so in 83 days. The move, amid a wave of similar applications from firms like Circle, Ripple, and Coinbase, aims to enable nationwide custody of digital assets, fiat, staking, and stablecoin services, bypassing state licenses.

Following December 2025 charter approvals for crypto firms, the OCC has closed comments on proposed rules clarifying national trust bank activities, while the CFTC issued guidance allowing stablecoins as margin collateral. Banking groups continue criticizing the charters as regulatory arbitrage and 'Franken-charters,' urging safeguards.

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The Office of the Comptroller of the Currency (OCC) has finalized a rule broadening national trust bank activities beyond fiduciary roles, enabling fintech and cryptocurrency firms to offer custody services without full banking licenses. This follows December 2025 charter approvals and recent closure of the comment period, despite strong opposition from state regulators.

Citigroup plans to launch institutional bitcoin custody later this year, integrating it into traditional banking frameworks. Morgan Stanley has applied for a national trust charter to support crypto trading for its clients and is advancing spot trading on E*TRADE. These moves reflect growing institutional demand for digital assets within regulated systems.

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U.S. President Donald Trump criticized banks in a Truth Social post for undermining the GENIUS Act and holding the Clarity Act hostage over stablecoin yield issues. He called for swift congressional action to advance crypto market structure legislation. The dispute has stalled negotiations between banking and crypto sectors.

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